On 7/13/05, Sean Kellogg <[EMAIL PROTECTED]> wrote: > I don't think that first-sale and digital goods maps very well... I'm really > uncertain as to how the courts have fallen on the issue. I don't see how > first sale authorizes me to download (and hence make a copy) of source code > to which I don't have permission to copy.
Basically, because special-casing electronic delivery to put the onus of acquiring copyright license on the recipient instead of the distributor is stupid; and a good judge tries to avoid obviously stupid conclusions unless the legislature or a higher court forces them on her. US circuit courts, surprisingly enough, are sometimes brave enough to do the right thing even when the stupid practice is already common in the industry or a sister court has already suffered a lapse; hence decisions like Specht v. Netscape, Fosson v. Palace Waterland, and Walthal v. Corey Rusk. Cheers, - Michael
